State of Illinois
92^nd General Assembly
Legislation

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92_HB0448eng

 
HB0448 Engrossed                               LRB9203750DJgc

 1        AN ACT in relation to assistance for low-income persons.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Energy Assistance Act of 1989  is  amended
 5    by changing Section 6 as follows:

 6        (305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
 7        Sec.  6.   Eligibility,  Conditions of Participation, and
 8    Energy Assistance.
 9        (a)  Any person  who  is  a  resident  of  the  State  of
10    Illinois  and  whose  household income is not greater than an
11    amount determined annually by the Department, in consultation
12    with the Policy Advisory Council, may  apply  for  assistance
13    pursuant   to   this   Act  in  accordance  with  regulations
14    promulgated  by  the  Department.  In  setting   the   annual
15    eligibility  level,  the Department shall consider the amount
16    of available funding and may not set a limit higher than  the
17    household  income  level  established  pursuant  to 42 U.S.C.
18    8624(b)(2)(B).  In the event  that  42  U.S.C.  8624(b)(2)(B)
19    authorizes  more than one maximum household income level, the
20    Department may set the eligibility level at  the  level  that
21    results  in  the  largest  number  of  persons  eligible  for
22    assistance.  150%  of  the  federal  nonfarm poverty level as
23    established by the federal Office of Management and Budget.
24        (b)  Applicants who qualify for  assistance  pursuant  to
25    subsection   (a)   of   this   Section   shall,   subject  to
26    appropriation  from  the  General  Assembly  and  subject  to
27    availability of  funds  to  the  Department,  receive  energy
28    assistance  as  provided  by  this Act.  The Department, upon
29    receipt of monies authorized pursuant to this Act for  energy
30    assistance,  shall  commit funds for each qualified applicant
31    in an amount determined by the  Department.   In  determining
 
HB0448 Engrossed            -2-                LRB9203750DJgc
 1    the amounts of assistance to be provided to or on behalf of a
 2    qualified  applicant,  the  Department  shall ensure that the
 3    highest amounts of  assistance  go  to  households  with  the
 4    greatest  energy  costs in relation to household income.  The
 5    Department  shall  include  factors  such  as  energy  costs,
 6    household size, household income, and  region  of  the  State
 7    when  determining  individual household benefits.  In setting
 8    assistance levels, the Department shall  attempt  to  provide
 9    assistance to approximately the same number of households who
10    participated   in  the  1991  Residential  Energy  Assistance
11    Partnership  Program.   Such  assistance  levels   shall   be
12    adjusted  annually  on the basis of funding availability.  In
13    promulgating rules for the administration of this Section the
14    Department shall assure  that  a  minimum  of  1/3  of  funds
15    available  for  benefits  to  eligible  households  are  made
16    available   to   households   who  are  eligible  for  public
17    assistance and  that  elderly  and  disabled  households  are
18    offered a one-month application period.
19        (c)  If  the  applicant  is  not  a customer of an energy
20    provider for winter energy services or an applicant for  such
21    service,   such  applicant  shall  receive  a  direct  energy
22    assistance payment in an amount established by the Department
23    for all such applicants under this  Act;  provided,  however,
24    that  such an applicant must have rental expenses for housing
25    greater than 30% of household income.
26        (d)  If  the  applicant  is  a  customer  of  an   energy
27    provider,  such  applicant shall receive energy assistance in
28    an  amount  established  by  the  Department  for  all   such
29    applicants  under  this  Act,  such  amount to be paid by the
30    Department to the energy  provider  supplying  winter  energy
31    service to such applicant.  Such applicant shall:
32             (i)  make  all  reasonable  efforts  to apply to any
33        other appropriate source of public energy assistance; and
34             (ii)  sign a waiver  permitting  the  Department  to
 
HB0448 Engrossed            -3-                LRB9203750DJgc
 1        receive  income  information  from  any public or private
 2        agency providing income or energy assistance and from any
 3        employer, whether public or private.
 4        (e)  Any qualified applicant pursuant to this Section may
 5    receive or have paid on such applicant's behalf an  emergency
 6    assistance  payment to enable such applicant to obtain access
 7    to winter energy services.  Any such payments shall  be  made
 8    in accordance with regulations of the Department.
 9    (Source: P.A. 91-936, eff. 1-10-01.)

10        Section  99.  Effective date.  This Act takes effect upon
11    becoming law.

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